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For example, a government employer may contend that granting a requested religious accommodation would pose an undue hardship because it would constitute government endorsement of religion in violation of the Establishment Clause of the First Amendment.A private sector employer may contend that its own First Amendment rights under the Free Exercise or Free Speech Clauses would be violated if it is compelled by Title VII to grant a particular accommodation.EFFECTIVE DATE: Upon receipt DISTRIBUTION: EEOC Compliance Manual holders OBSOLETE DATA: This Section of the Compliance Manual replaces Section 628: Title VII protects workers from employment discrimination based on their race, color, religion, sex, national origin, or protected activity.Solely with respect to religion, Title VII also requires reasonable accommodation of employees’” cost or burden -- a substantially lower standard for employers to satisfy than the “undue hardship” defense under the Americans with Disabilities Act (ADA), which is defined instead as “significant difficulty or expense.” The prohibition on discrimination and the requirement of reasonable accommodation apply whether the religious views in question are mainstream or non-traditional, and even if not recognized by any organized religion.Defining the exact parameters of the First Amendment is beyond the scope of this document.However, these First Amendment issues are referenced throughout this document in order to illustrate how they often arise in Title VII cases.In a 2001 survey of human resource professionals conducted by the Society for Human Resource Management and the Tanenbaum Center for Interreligious Understanding, 36% of human resource professionals who responded reported an increase in the religious diversity of their employees in the preceding five years.
** Please ensure that you have sufficient funds in your Pay Pal account to renew your subscription.Last week the 3rd District Appellate Court held a lawsuit filed against the diocese was improperly dismissed on the grounds the statute of limitations expired in the 1990’s.The victim, now 37, did not remember the abuse, repressing the memory of what happened until 2011, filing suit in 2012.in nature, as well as non-theistic “moral or ethical beliefs as to what is right and wrong which are sincerely held with the strength of traditional religious views.” Religious beliefs can include unique views held by a few or even one individual; however, mere personal preferences are not religious beliefs.Title VII requires employers to accommodate religious beliefs, practices, and observances if the beliefs are “sincerely held” and the reasonable accommodation poses no undue hardship on the employer.
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